Now, you can suggest collegium reforms to sc

1. Now, you can suggest
collegium reforms to SC
Unprecedented: Bench Invites Public Opinion

2. Contd…
In an unprecedented step, the Supreme Court on Thursday decided to seek
the views of the general public, academicians and lawyers across the country
on how to reform the `opaque' judges-selecting-judges collegium system,
which it had revived after quashing the National Judicial Appointments
Commission (NJAC). Fathoming strong under currents in the court room with
unsung advocates stealing a march over the luminaries who till now held
centrestage in arguing against the NJAC, a five-judge bench headed by Justice
J S Khehar said it would be better to seek suggestions from all concerned
citizens.“The issue is so seminally important to the judiciary that we cannot
limit the suggestions only to lawyers of this court,“ the bench said. Besides
Justice J S Khe har, the bench compris es Justices J Chelames war, Madan B
Lokur, Kurian Joseph and Adarsh K Goel.

3. Contd…
The apex court had wrested the constitutional power to select judges from
the executive through two judgments in 1993 and 1998. In its 1998
judgment, the SC had evolved the collegium system without inviting views
from the public. This will be the first occasion when the SC is involving the
general public in its affairs, especially in a critically important issue like
selection of judges.
Bar Council of India chairman Manan Kumar Mishra turned the tide in favour
of adjourning the case to get response from as many lawyers as possible and
from all high courts. Many advocates said the real stakeholders of judiciary
were the public and not a coterie of senior lawyers, who alone were being
heard by the court.
The bench, which had earlier wanted to complete the hearing on Thursday
itself on the ground that the collegium's work had been stalled awaiting
reforms, decided to go public to receive suggestions.

4. Contd…
“Bar Council of India is a very important stakeholder. It has office-bearers in
all high court bar associations and it wants to consult as many lawyers as
possible before making suggestions to the court. It will be a good idea to
allow them to do the consultation process and formulate suggestions. It is a
very important matter,“ the bench said.
It appreciated attorney general Mukul Rohatgi volunteering to upload the
broad parameters of reforms-transparency , eligibility criteria for persons to
be considered for appointment as a judge, mechanism to handle complaints
against persons in the zone of consideration and a permanent secretariat for
the collegium--on the website of the ministry of law and justice.
The bench said it was open for all to post their suggestions on the website till
5pm on No vember 13. However, it allowed a day more to BCI to give its
suggestions after consulting lawyers across India.

5. Contd…
It asked additional solicitor general Pinky Anand and senior advocate
Arvind Datar to compile the suggestions under the four identified
heads before submitting it to the court.It fixed November 18 and 19 for
hearing arguments.
But who will be allowed to argue, when there is a sea of ad vocates
vying with each other to make their voices heard?
The court deftly assigned this thankless task to a three-member
committee of the AG, BCI chairman and Fali S Nariman. The committee
will decide which lawyer will argue for how long on those two days.

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